Bill Summary for H 820 (2021-2022)
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AN ACT TO CLARIFY THE DESIGN-BUILD AND DESIGN-BUILD BRIDGING STATUTES, TO PROHIBIT WAIVER OF FUTURE CLAIMS FOR PROGRESS PAYMENTS ON CONSTRUCTION CONTRACTS, TO REQUIRE ATTORNEYS' FEES IN CERTAIN LIEN CLAIMS, AND TO CLARIFY THE LAW DECLARING CERTAIN INDEMNITY CONTRACTS VOID.Intro. by Arp, Stevens, Brody, Winslow.
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House committee substitute to the 1st edition makes the following changes.
Revises the proposed changes to GS 143-128.1A, which governs design-build contracts. Modifies the alternative options for the statement a design-builder must include in its response to a governmental entity's request for qualifications, now referring to project team selection options instead. Allows the governmental entity to specify which one of the project team selection options must be used in the design-builder's response, or if not specified, allows for the response to consist of either of the project team selection options. Modifies the first option, which includes a list of licensed contractors, licensed subcontractors, and design professionals whom the design-builder proposed to use for the project's design and construction, to specify that the authority of the design-builder to enter into negotiated contracts with subcontractors, without bidding, whether or not on the list, includes contracting with unlicensed subcontractors. Now requires the design builder to obtain written approval from the governmental entity prior to changing key personnel listed in either project team selection option (was, required of the first option only) after the contract has been awarded. Adds a definition for key personnel based on the project team selection option, with (1) licensed contractors, licensed subcontractors and design professionals identified in the response to the request for qualifications under the first option (subsubdivision (c)(8)a.); and (2) licensed contractors and design professionals identified in the response to the request for qualifications under the second option (subsubdivision (c)(8)b.).
Revises the proposed definition of general conditions set forth in GS 143-128.1B concerning public design-build bridging contracts. Now specifies that the examples given are included in the term, but not required to be included as previously described. No longer explicitly excludes costs of the subcontractor work. Additionally revises proposed subsection (b1) to no longer permit the design-builder to be required to disclose the costs of subcontractor work after the contract has been executed. Revises the proposed changes to subsection (c) to specify that the design criteria package cannot require the design builder to include the costs of the subcontractor work in its response (was, that the package cannot include the costs of subcontractor work).
Makes clarifying changes to proposed GS 22B-5.